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Central London Commercial Estates Ltd v Kato Kagaku Ltd and another, Axa Equity & Law Assurance Society plc (third party)

Language: English Series: Estates Gazette ; [1998] 46 EG 185-190(6)Publication details: 1998Subject(s): Summary: ChD 51 July 1998. The plaintiff holds the freehold of land which was let to Axa. Both interests were registered titles. The first defendant had been in continuous adverse possession of a courtyard forming part of the land for more than 12 years prior to 20 December 1996, the date Axa surrendered the lease to the plaintiff. In proceedings by the plaintiff to recover possession of the courtyard, orders were made for the hearing of a preliminary issue as to whether, on the surrender by a registered proprietor of a lease to the freeholder, the freeholdeer has a right to immediate possession against the squatter. "Held" the beneficial interest of the squatter was an overriding interest and it now binds the freeholder.
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Law report London Journal article ABS59731 (Browse shelf(Opens below)) 1 Available 89737-1001

ChD 51 July 1998. The plaintiff holds the freehold of land which was let to Axa. Both interests were registered titles. The first defendant had been in continuous adverse possession of a courtyard forming part of the land for more than 12 years prior to 20 December 1996, the date Axa surrendered the lease to the plaintiff. In proceedings by the plaintiff to recover possession of the courtyard, orders were made for the hearing of a preliminary issue as to whether, on the surrender by a registered proprietor of a lease to the freeholder, the freeholdeer has a right to immediate possession against the squatter. "Held" the beneficial interest of the squatter was an overriding interest and it now binds the freeholder.